Re-entry after 10 year ban.

[Desroches]

Hi,

I received a 10 year ban, I assume in 2009 when I left of my own accord. I was married to an American and the overstay was due to complications with our visa application. This is what I need to know - does the visa ban start from when I left the country or when I tried to re-enter the next year?

Thanks for your help.

[newacct]

Hi,

I received a 10 year ban, I assume in 2009 when I left of my own accord. I was married to an American and the overstay was due to complications with our visa application. This is what I need to know - does the visa ban start from when I left the country or when I tried to re-enter the next year?

Thanks for your help.

Do you mean a 10-year ban because you accrued more than 1 year of "unlawful presence" during a single stay and then you left the US? It's 10 years from the date you left the US.

[Desroches]

Yes that's right. Have read that it starts from when you try to re-enter. But it's definitely from when you leave? Makes more sense! Do you know if I just need to apply for a tourist visa now the ban is over, or is it more complicated? Thanks.

[cense]

How do you know you were banned?

[newacct]

How do you know you were banned?

Bans are matters of law. So you look at the law and apply it to your situation to determine whether you are currently under a ban. In the OP's case, they had an INA 212(a)(9)(B) "unlawful presence" ban, where if someone accrues 180 days of "unlawful presence" and then leave the US, they have a 3-year ban from when they left the US; if someone accrues 1 year of "unlawful presence" and then leave the US, they have a 10-year ban from when they left the US. The definition of "unlawful presence" is somewhat complicated. There are also other types of bans for other situations.

[boogiewoogie]

Bans are matters of law. So you look at the law and apply it to your situation to determine whether you are currently under a ban. In the OP's case, they had an INA 212(a)(9)(B) "unlawful presence" ban, where if someone accrues 180 days of "unlawful presence" and then leave the US, they have a 3-year ban from when they left the US; if someone accrues 1 year of "unlawful presence" and then leave the US, they have a 10-year ban from when they left the US. The definition of "unlawful presence" is somewhat complicated. There are also other types of bans for other situations.

Also the OP responded yes to your initial question(s) which may not answer all of them with a yes. Either way let's assume he got the 10yr ban as he's asking for something about 2009.